The Magistrates' Courts Committees (Dyfed and Powys) Amalgamation Order 1998

Functions of transferee committee

6.—(1) The transferee committee shall come into existence as a body corporate on the second appointed day.

(2) The first chairman of the transferee committee shall be appointed at the first meeting after the second appointed day, and shall hold office until the first meeting after 1st April 2001; accordingly, regulation 10(2) of the Constitution Regulations shall not apply in relation to the first meeting after 1st April 2000.

(3) The clerk designate for the time being shall act as clerk to the transferee committee from the second appointed day until such time as the transferee committee shall appoint a justices' chief executive, and thereafter the justices' chief executive shall act as clerk to the transferee committee.

(4) From the second appointed day until the amalgamation date the transferee committee shall be a shadow committee and shall only have the following functions and powers–

(a) to commence and sustain the running of the committee as a shadow committee;

(b) to make all necessary preparations for the assumption of its functions as a magistrates' courts committee on the amalgamation date;

(c) to prepare any budgets or plans required by it when those functions are assumed and to consult with the paying authorities in relation to them;

(d) to prepare and submit capital bids in respect of expenditure to be incurred after the amalgamation date;

(e) to make determinations under section 56(1) of the 1997 Act in relation to the period following the amalgamation date;

(f) to enter into contracts;

(g) to consult and negotiate with persons who will, after the amalgamation date, be employed by the transferee committee and with trade unions and other organisations representing such persons;

(h) to appoint a justices' chief executive and staff of the transferee committee;

(i) to co-opt members in accordance with section 28(2)(a) of the 1997 Act;

(j) to act through sub-committees appointed by it as described in section 30(4) of the 1997 Act;

(k) to arrange for the discharge of any of its functions as described in section 30(5) of the 1997 Act.

(5) From the second appointed day until the amalgamation date the interested authorities, as prospective paying authorities for the transferee committee, shall have power to make any arrangement under section 55(9) of the 1997 Act and any agreement under section 56(2) of that Act in relation to the period following the amalgamation date, notwithstanding that the transferee committee is not yet the magistrates' courts committee for the area comprising those districts, and the Lord Chancellor shall have power to make determinations under section 56(2) in default of such agreement.

(6) The transferor committees shall give the transferee committee such information and assistance as is reasonably required to enable it to carry out its functions under this paragraph.

(7) On the amalgamation date, the transferee committee shall assume all the functions and powers of a magistrates' courts committee.